Appeal of 90-day licence suspension dismissed; tribunal found driver was impaired by drugs despite medical condition.
The appellant appealed a 90-day administrative driver's licence suspension imposed after a police officer determined his ability to drive was impaired by drugs.
The appellant argued his poor performance on the drug recognition evaluation was due to a pre-existing traumatic brain injury and exhaustion, not drug impairment.
The Licence Appeal Tribunal dismissed the appeal, finding the evidence, including the presence of drugs and paraphernalia in the vehicle, the drug recognition expert's evaluation, and a positive toxicology report, established on a balance of probabilities that the appellant was impaired by drugs and his medical condition did not significantly interfere with the evaluation.
OLATOntario Licence Appeal TribunalMar 24, 2022
